Clean energy firm fights record federal fine by attacking regulator’s authority

A federal probe accuses Durham-based American Efficient of defrauding energy markets out of hundreds of millions while the company mounts a legal battle that could gut a key government watchdog.

Lisa Sorg reports for Inside Climate News.


In short:

  • FERC alleges that American Efficient falsely claimed energy savings in wholesale electricity markets, securing $490 million in revenue and facing a record $722 million in penalties.
  • The company’s defense includes constitutional challenges that question FERC’s very authority and could shift power over energy regulation toward the president.
  • PJM, the nation’s largest grid operator, has moved to exclude energy efficiency aggregators by 2026, threatening the company's future access to capacity markets.

Key quote:

“All sorts of civil servants … for at least 100 years have been understood to be shielded from arbitrary removal. So to say that FERC enforcement power is constitutionally suspect because the commission is independent seems to ignore both 10 to 20 years of Supreme Court precedent and also the current policies of the current administration.”

— Josh Macey, associate professor of law at Yale Law School

Why this matters:

Energy efficiency aggregators like American Efficient operate behind the scenes of the energy market, bundling small-scale electricity savings — say from more efficient refrigerators or LED lighting — and selling them as “negawatts,” or avoided energy use. In theory, this helps utilities reduce demand and curb emissions without building new power plants. But the savings claimed by these aggregators are notoriously difficult to verify. Critics warn that if those savings are inflated or based on shaky assumptions, ratepayers could be footing the bill for benefits that exist only on paper.

The stakes go beyond dollars and kilowatts. The Federal Energy Regulatory Commission, long considered an independent energy watchdog, has been facing mounting scrutiny under President Trump’s administration, which has signaled a deregulatory agenda. If FERC’s oversight weakens, companies may face less pressure to rigorously prove their emissions reductions, opening the door to market manipulation. That could erode public trust in a system meant to deliver cleaner air and a more resilient grid — especially as climate impacts grow harder to ignore.

Read more: Trump's approach to U.S. power grid could slow critical expansion

A series of raised huts along the oceanfront in the Solomon Islands

On the brink of ruin due to climate change, Pacific Islanders know who is to blame

Living on the brutal frontline of climate change, Pacific Islanders are urging the world to take urgent action at the upcoming COP31 summit in Antalya - warning that the consequences otherwise will be catastrophic.

A yellow and black sign with images of a sasquatch family crossing the street

Bigfoot is helping predict impacts of climate change

Believe it or not, researchers are using Sasquatch data to better understand how well their methods for studying scientifically recognized species are working.

A pump jack silhouetted against a setting sun

Where the candidates for New Mexico governor stand on oil and gas

Deb Haaland and Gregg Hull never debated face to face, but when it comes to oilfield enforcement and climate goals, there are clear differences.

Child with a hamburger on his bicep as he looks at his arm

What’s the fairest way to put a carbon tax on a hamburger?

A global tax on food emissions, mostly from meat and dairy, could cut them by 17 percent. Charging rich nations up to $969 per ton of CO2, and poor ones as little as $21, would protect the hungry.
A man sitting on the grass eating a fast food meal

The planet’s vital signs are getting worse. One of the easiest fixes is your diet

A lot of climate change is beyond the control of individuals alone, but how you eat can matter more than you may think.
A view of the ocean with mountains in the distance and palm trees in the forefront

'Why would we want to leave?': Fiji islanders work on climate resilience to avoid relocation

Residents of Fiji's tiny Serua Island have rejected calls to relocate, instead opting to renovate flimsy coastal homes.
Rendering of a molecule with many atoms in hexagram formations

How a U.N. report legitimized carbon capture and skewed decades of climate policy

A U.N. report concluded carbon capture could offset fossil fuels’ effect on climate change. Two decades later, the process has failed to meaningfully scale up, and it’s proving hard to take the promises back.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.